2014-05-06_ENFORCEMENT - M2004030

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OFTHE APPROVAL OF A CONVERSION APPLICATION OF TBONE STONE, INC., File No. M- 2004 -030 THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on April 30, 2014 in Denver, Colorado as a consent agenda item to considerthe Division of Reclamation, Mining and Safety's ( "Division ") approval of the conversion application of T Bone Stone, Inc. ( "Operator "), file number M- 2004 -030. The Board, having considered the materials presented and having been otherwise fully informed of the facts in the matter, hereby enters the following: FINDINGS OF FACT 1. The Operator holds a permit for a 9.9 acre 110c sandstone quarry located in Section 6NE 1 /,Township 3 North, Range 70 West, 6th Principal Meridian. The operation, known as the T Bone Stone Quarry, is located in Boulder County, Colorado, permit number M- 2004 -030. 2. On August 23, 2012 the Division received a Construction Material Regular 112 Operation Reclamation Permit Conversion Application from the Operator for T Bone Stone Quarry ( "Application "). 3. On January 2, 2013, the Division approved the Application and set the financial warranty at $68,574.00. 4. On October 15, 2013, the Division sent the Operator a notice that the Division has not received the financial and performance warranties and would need to be received by January 2, 2014. 5. On February 11, 2014, in accordance with Rule 1.6.1(2) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials ( "Rules "), the Division mailed notices to the Operator and the county in which the proposed operation is to be located. 6. On March 5, 2014, the Division received proof that the Operator initiated the Public Notice Procedures outlined in Rule 1.6.